Session 2012-13
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Groceries Code Adjudicator Bill [HL]
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED IN
GRAND COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 11th June 2012, as follows—
| Schedule 1 Clauses 2 to 4 Schedule 2 | Clauses 5 to 9 Schedule 3 Clauses 10 to 26 |
[Amendments marked * are new or have been altered]
Clause 6
VISCOUNT ECCLES
37
Page 2, line 30, leave out paragraph (c)
LORD HOWARD OF RISING
37A
Page 2, line 30, at end insert—
“(2) A large retailer, subject to any enforcement measure set out in this section, may appeal against those measures to the Competition Appeals Tribunal.
(3) If the Adjudicator requires information to be published, the large retailer may appeal to the Competition Appeals Tribunal—
(a) prior to any information being published; or
(b) following the publication of any information.”
Clause 7
VISCOUNT ECCLES
38
Page 2, line 32, leave out “Adjudicator” and insert “Office of Fair Trading”
39
Page 2, line 35, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
40
Page 2, line 35, at end insert—
“( ) In the event that a recommendation has not been followed, the Adjudicator may invoke the remaining enforcement measures referred to in section 6.”
41
Page 2, line 36, at end insert—
“(4) The power conferred by this section is not exercisable in relation to information or documents in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.”
Clause 8
VISCOUNT ECCLES
42
Page 3, line 2, leave out “Adjudicator” and insert “Office of Fair Trading”
43
Page 3, line 6, leave out from “retailer” to end of line 9
44
Page 3, line 10, leave out “Adjudicator” and insert “Office of Fair Trading”
Clause 9
LORD RAZZALL
BARONESS RANDERSON
LORD TEVERSON
45
Page 3, line 17, leave out subsection (1)
BARONESS BYFORD
LORD BORRIE
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
46
Page 3, line 17, leave out from “penalties” to end of line 19
LORD RAZZALL
BARONESS RANDERSON
LORD TEVERSON
47
Page 3, line 20, leave out “use this method of enforcement” and insert “enforce through imposing financial penalties”
LORD HOWARD OF RISING
47A
Page 3, line 27, leave out subsection (4)
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
48
Page 3, line 33, leave out “the Consolidated Fund” and insert “a fund, the proceeds of which are to be used to support innovation in the grocery market supply chain”
LORD RAZZALL
LORD TEVERSON
49
Page 3, line 34, at end insert “unless the Adjudicator decides to pay an appropriate amount therefrom as redress to the supplier or to make any other appropriate payment”
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill.
Schedule 3
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
50
Page 15, line 4, leave out from “penalties” to end of line 5
51
Page 15, line 9, leave out paragraphs 4 to 6
LORD RAZZALL
BARONESS RANDERSON
LORD TEVERSON
52
Page 15, line 14, leave out paragraph 6
LORD BROWNE OF LADYTON
53
Page 15, line 16, leave out paragraphs (b) and (c) and insert—
“(b) the Competition and Markets Authority;”
BARONESS WILCOX
54
Page 15, line 18, leave out “large retailers” and insert “retailers mentioned in Article 4(1)(a) and (b) of the Groceries Supply Order”
BARONESS BYFORD
LORD BORRIE
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
The above-named Lords give notice of their intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.
Clause 10
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill.
Clause 11
VISCOUNT ECCLES
55
Page 4, line 13, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD HOWARD OF RISING
56
Page 4, line 13, leave out “may” and insert “must”
LORD BROWNE OF LADYTON
57
Page 4, line 14, after “to” insert “the public”
Clause 12
VISCOUNT ECCLES
58
Page 4, line 16, leave out “Adjudicator” and insert “Office of Fair Trading”
59
Page 4, line 17, leave out “Adjudicator” and insert “Office of Fair Trading”
60
Page 4, line 19, leave out “Adjudicator” and insert “Office of Fair Trading”
61
Page 4, line 20, after “investigations;” insert—
“(ba) the criteria that the Office of Fair Trading intends to adopt towards the content and timing of information to be published under section 8(2);”
62
Page 4, line 21, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
63
Page 4, line 22, at end insert—
“(1A) The Adjudicator must publish draft guidance about the criteria the Adjudicator would adopt in deciding the amount of a financial penalty.
(1B) The Adjudicator must publish guidance under subsection (1A) within one year beginning with the day on which section 1 comes into force.”
64
Page 4, line 22, at end insert—
“(1A) The Adjudicator must publish draft guidance about the criteria the Adjudicator would adopt in deciding the amount of a financial penalty.
(1B) Before publishing guidance under subsection (1A), the adjudicator must consult—
(a) the Competition Commission;
(b) the Office of Fair Trading;
(c) the large retailers;
(d) one or more persons appearing to the Adjudicator to represent the interests of suppliers;
(e) one or more persons appearing to the Adjudicator to represent the interests of consumers; and
(f) any other person the Adjudicator thinks appropriate.
(1C) Guidance under subsection (1A) must be published within one year of commencement of this Act.”
VISCOUNT ECCLES
65
Page 4, line 23, leave out “Adjudicator” and insert “Office of Fair Trading”
66
Page 4, line 24, leave out “Adjudicator” and insert “Office of Fair Trading”
67
Page 4, line 26, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD HOWARD OF RISING
68
Page 4, line 26, leave out “may” and insert “must”
VISCOUNT ECCLES
69
Page 4, line 31, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD HOWARD OF RISING
70
Page 4, line 31, at end insert “the large retailers and”
VISCOUNT ECCLES
71
Page 4, line 32, leave out “he or she” and insert “it”
72
Page 4, line 33, leave out “Adjudicator” and insert “Office of Fair Trading”
73
Page 4, line 36, leave out “Adjudicator” and insert “Office of Fair Trading”
Clause 13
LORD BROWNE OF LADYTON
74
Page 4, line 40, leave out “Office of Fair Trading” and insert “Competition and Markets Authority”
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 13 stand part of the Bill.
Clause 14
VISCOUNT ECCLES
75
Page 5, line 3, leave out “Adjudicator” and insert “Office of Fair Trading”
BARONESS BYFORD
76
Page 5, line 3, after “must” insert “, within four months,”
VISCOUNT ECCLES
77
Page 5, line 4, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
78
Page 5, line 9, at end insert—
“( ) The report must include an evaluation by the Adjudicator of how well the code is working.”
VISCOUNT ECCLES
79
Page 5, line 10, leave out “Adjudicator” and insert “Office of Fair Trading”
80
Page 5, line 12, leave out subsection (4)
81
Page 5, line 14, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
82
Page 5, line 14, at end insert—
“( ) Parliament;”
VISCOUNT ECCLES
83
Page 5, line 16, leave out paragraph (b)
LORD BROWNE OF LADYTON
84
Page 5, line 16, leave out paragraph (b) and insert—
“(b) the Competition and Markets Authority;
(c) the Scottish Government;
(d) the Welsh Assembly Government; and
(e) the Northern Ireland Executive.”
Clause 15
VISCOUNT ECCLES
85
Page 5, line 23, leave out “Adjudicator’s” and insert “Office of Fair Trading’s”
BARONESS RANDERSON
LORD RAZZALL
LORD TEVERSON
85A*
Page 5, line 26, leave out “2 years” and insert “1 year”
85B*
Page 5, line 27, leave out “3 years” and insert “1 year”
VISCOUNT ECCLES
86
Page 5, line 30, leave out “Adjudicator’s” and insert “Office of Fair Trading’s”
87
Page 5, line 31, leave out “Adjudicator” and insert “Office of Fair Trading”
THE EARL OF SANDWICH
LORD BORRIE
THE LORD BISHOP OF WAKEFIELD
87A
Page 5, line 32, at end insert “with the purpose of preventing transfer of excessive risks and unexpected costs on to suppliers”
87B
Page 5, line 32, at end insert—
“( ) assess any factors that have prevented the Adjudicator from effectively enforcing the code”
BARONESS RANDERSON
87C*
Page 5, line 32, at end insert—
“(c) consider the funding of the Adjudicator and, in particular, the manner in which the levy is calculated by the Adjudicator under section 19, and whether that manner of calculation remains appropriate.”
VISCOUNT ECCLES
88
Page 5, line 39, leave out paragraph (a)
LORD BROWNE OF LADYTON
89
Page 5, line 40, leave out paragraph (b) and insert—
“(b) the Competition and Markets Authority;”
90
Page 6, line 1, leave out paragraph (c)
BARONESS WILCOX
91
Page 6, line 2, leave out “large retailers” and insert “retailers mentioned in Article 4(1)(a) and (b) of the Groceries Supply Order”
VISCOUNT ECCLES
92
Page 6, line 16, leave out “Adjudicator” and insert “Office of Fair Trading”
93
Page 6, line 18, at end insert “or a retailer”
LORD RAZZALL
LORD TEVERSON
THE LORD BISHOP OF WAKEFIELD
94
Page 6, line 18, at end insert—
“( ) information provided by a trade association;”
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
THE LORD BISHOP OF WAKEFIELD
95
Page 6, line 24, at end insert—
“( ) information provided by any other source listed by the Secretary of State in guidance issued under subsection (8) of the Groceries Code Adjudicator Act 2012.”
Clause 16
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
96
Page 7, line 8, at end insert—
“( ) An order under subsection (2)(a) or (b) is subject to the super-affirmative procedure (see Schedule (Super-Affirmative Procedure)).”
VISCOUNT ECCLES
LORD BROWNE OF LADYTON
The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill.
Clause 17
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 17 stand part of the Bill.
Clause 18
VISCOUNT ECCLES
97
Page 7, line 23, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
98
Page 7, line 23, after “Adjudicator” insert “, or the Deputy Adjudicator or any person acting on behalf of the Adjudicator,”
99
Page 7, line 23, leave out “may” and insert “must”
VISCOUNT ECCLES
100
Page 7, line 27, leave out paragraph (b)
101
Page 7, line 29, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
102
Page 7, line 29, after “Adjudicator” insert “, or the Deputy Adjudicator or any person acting on behalf of the Adjudicator,”
103
Page 7, line 29, leave out “may” and insert “must”
VISCOUNT ECCLES
104
Page 7, line 30, leave out “Adjudicator” and insert “Office of Fair Trading”
105
Page 7, line 35, leave out “Adjudicator” and insert “Office of Fair Trading”
LORD BROWNE OF LADYTON
106
Page 7, line 43, at end insert—
“( ) Any person who, in contravention of this section knowingly discloses any information obtained when employed by, or acting on behalf of, the Adjudicator is guilty of an offence and liable on summary conviction to a fine.”
Clause 19
LORD BORRIE
107
Page 8, line 5, leave out “may” and insert “must”
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
108
Page 8, line 5, leave out “may” and insert “shall”
BARONESS WILCOX
109
Page 8, line 5, leave out “large” and insert “the specified”
LORD BORRIE
110
Page 8, line 7, leave out subsection (2)
LORD HOWARD OF RISING
110A
Page 8, line 10, at end insert “, and for the purpose of the first levy and any subsequent annual increase in the levy, the Adjudicator must undertake a consultation process with the specified retailers and consider any submissions received.
( ) The Adjudicator may require the payment of a levy only if an order made by the Secretary of State is in force setting out the amount of the levy and authorising the Adjudicator to do so.”
BARONESS BYFORD
111
Page 8, line 12, leave out subsection (5)
BARONESS RANDERSON
111A*
Page 8, line 12, leave out subsection (5) and insert—
“(5) The Secretary of State shall make an order determining the criteria to be used by the Adjudicator to determine the levy amounts for each large retailer, which criteria shall be broadly intended to reflect the expense and time that the Adjudicator expects (in the light of previous experience) to spend in dealing with matters relating to different retailers.”
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
112
Page 8, line 12, leave out from “be” to end of line 17 and insert “in proportion to the annual turnover of each large retailer”
BARONESS WILCOX
113
Page 8, line 12, leave out “large retailer” and insert “of the specified retailers”
LORD RAZZALL
LORD TEVERSON
114
Page 8, line 12, leave out from “unless” to end of line 13 and insert “the Adjudicator decides”
BARONESS WILCOX
115
Page 8, line 14, leave out “large” and insert “the specified”
116
Page 8, line 17, leave out “retailers” and insert “specified retailers and any subsidiaries”
117
Page 8, line 18, leave out “large” and insert “specified”
LORD HOWARD OF RISING
118
Page 8, line 25, leave out “may” and insert “must”
BARONESS WILCOX
119
Page 8, line 26, leave out “large” and insert “specified”
120
Page 8, line 27, leave out “subsection (9)” and insert “this section—
“specified retailer” means a retailer mentioned in Article 4(1)(a) or (b) of the Groceries Supply Order;”
VISCOUNT ECCLES
LORD TRUE
The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill.
Clause 20
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
121
Page 8, line 34, leave out “grants or”
VISCOUNT ECCLES
Viscount Eccles gives notice of his intention to oppose the Question that Clause 20 stand part of the Bill.
Clause 21
LORD HOWARD OF RISING
121A
Page 9, line 22, at end insert—
“( ) In section 179(1) the Enterprise Act 2002 for “or the Commission” substitute “The Commission, or the Groceries Code Adjudicator.”
LORD TRUE
Lord True gives notice of his intention to oppose the Question that Clause 21 stand part of the Bill.
Clause 22
VISCOUNT ECCLES
122
Page 9, leave out line 31
BARONESS WILCOX
123
Page 10, line 8, at end insert “or a subsidiary of a designated retailer”
Clause 23
LORD KNIGHT OF WEYMOUTH
LORD GRANTCHESTER
123A*
Page 10, line 16, after “9(1)” insert “, 15(10)”
124
Page 10, line 18, at end insert—
“( ) A statutory instrument containing an order under section 16(1) or 2(a) or (b) is subject to the super-affirmative resolution procedure set out in Schedule (Super-Affirmative Procedure).”
Clause 25
LORD HOWARD OF RISING
125
Page 10, line 35, at end insert—
“( ) This Act will cease to have effect following the second review period required under section 15, unless a statutory instrument disapplying the provisions of this subsection has been laid before and approved by a resolution of both Houses of Parliament before the end of the second review period.”
In the Title
VISCOUNT ECCLES
126
Line 1, leave out “a Groceries Code Adjudicator with the” and insert “the Office of Fair Trading’s”